[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5941-S5942]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6425. Mr. MENENDEZ (for himself and Mr. Cramer) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. RETAIL BUSINESSES PROHIBITED FROM REFUSING CASH
PAYMENTS.
(a) Sense of Congress.--It is the sense of Congress that
every consumer has the right to use cash at retail businesses
who accept in-person payments.
(b) Prohibition.--Subchapter I of chapter 51 of title 31,
United States Code, is amended by adding at the end the
following:
``Sec. 5104. Retail businesses prohibited from refusing cash
payments
``(a) In General.--Any person engaged in the business of
selling or offering goods or services at retail to the public
with a person accepting in-person payments at a physical
location (including a person accepting payments for
telephone, mail, or internet-based transactions who is
accepting in-person payments at a physical location)--
``(1) shall accept cash as a form of payment for sales of
less than $2,000 made at such physical location; and
``(2) may not charge cash-paying customers a higher price
compared to the price charged to customers not paying with
cash.
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to a
person if such person--
``(A) is unable to accept cash because of--
``(i) a sale system failure that temporarily prevents the
processing of cash payments; or
``(ii) a temporary insufficiency in cash on hand needed to
provide change; or
``(B) provides customers with the means, on the premises,
to convert cash into a card that is either a general-use
prepaid card, a gift card, or an access device for electronic
fund transfers for which--
``(i) there is no fee for the use of the card;
``(ii) there is not a minimum deposit amount greater than 1
dollar;
``(iii) amounts loaded on the card do not expire, as
required under paragraph (2);
``(iv) there is no collection of any personal identifying
information from the customer;
``(v) there is no fee to use the card; and
``(vi) there may be a limit to the number of transactions
on such cards.
``(2) Inactivity .--A person seeking exception from
subsection (a) may charge an inactivity fee in association
with a prepaid card offered by such person if--
``(A) there has been no activity with respect to the card
during the 12-month period ending on the date on which the
inactivity fee is imposed;
``(B) not more than 1 inactivity fee is imposed in any 1-
month period; and
``(C) it is clearly and conspicuously stated, on the face
of the mechanism that issues the card and on the card--
``(i) that an inactivity fee or charge may be imposed;
``(ii) the frequency at which such inactivity fee may be
imposed; and
``(iii) the amount of such inactivity fee.
``(c) Right to Not Accept Large Bills.--
``(1) In general.--Notwithstanding subsection (a), for the
5-year period beginning on the date of enactment of this
section, this section shall not require a person to accept
cash payments in $50 bills or any larger bill.
``(2) Rulemaking.--
``(A) In general.--The Secretary shall issue a rule on the
date that is 5 years after the date of the enactment of this
section with respect to any bills a person is not required to
accept.
``(B) Requirement.--When issuing a rule under subparagraph
(A), the Secretary shall require persons to accept $1, $5,
$10, $20 and $50 bills.
``(d) Enforcement.--
``(1) Preventative relief.--Whenever any person has
engaged, or there are reasonable grounds to believe that any
person is about to engage, in any act or practice prohibited
by this section, a civil action for preventive relief,
including an application for a permanent or temporary
injunction, restraining order, or other order may be brought
against such person.
``(2) Civil penalties.--Any person who violates this
section shall--
``(A) be liable for actual damages;
``(B) be fined not more than $2,500 for a first offense;
and
``(C) be fined not more than $5,000 for a second or
subsequent offense.
``(3) Jurisdiction.--An action under this section may be
brought in any United States district court, or in any other
court of competent jurisdiction.
``(4) Intervention of attorney general.--Upon timely
application, a court may, in its discretion, permit the
Attorney General to intervene in a civil action brought under
this subsection, if the Attorney General certifies that the
action is of general public importance.
``(5) Authority to appoint court-paid attorney.--Upon
application by an individual and in such circumstances as the
court may determine just, the court may appoint an attorney
for such individual and may authorize the commencement of a
civil action under this subsection without the payment of
fees, costs, or security.
``(6) Attorney's fees.--In any action commenced pursuant to
this section, the court, in its discretion, may allow the
prevailing party, other than the United States, a reasonable
attorney's fee as part of the costs, and the United States
shall be liable for costs the same as a private person.
``(7) Requirements in certain states and local areas.--In
the case of an alleged act or practice prohibited by this
section which occurs in a State, or political subdivision of
a State, which has a State or local law prohibiting such act
or practice and establishing or authorizing a State or local
authority to grant or seek relief from such act or practice
or to institute criminal proceedings with respect thereto
upon receiving notice thereof, no civil action may be brought
hereunder before the expiration of 30 days after written
notice of such alleged act or practice has been given to the
appropriate State or local authority by registered mail or in
person, provided that the court may stay proceedings in such
civil action pending the termination of State or local
enforcement proceedings.
``(e) Greater Protection Under State Law.--This section
shall not preempt any law of a State, the District of
Columbia, a Tribal government, or a territory of the United
States if the protections that such law affords to consumers
are greater than the protections provided under this section.
``(f) Rulemaking.--The Secretary shall issue such rules as
the Secretary determines are necessary to implement this
section, which may prescribe additional exceptions to the
application of the requirements described in subsection (a).
[[Page S5942]]
``(g) Annual Reports on the Geographic Distribution of
Automated Teller Machines Owned by Federally Insured
Depository Institutions.--Beginning on the date that is 1
year after the date of enactment of this section, and
annually thereafter, the Federal Deposit Insurance
Corporation, with respect to depository institutions insured
by the Corporation, and the National Credit Union
Administration, with respect to credit unions insured by the
National Credit Union Share Insurance Fund, shall submit the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives a report that provides--
``(1) the number of automated teller machines owned and in
service by each institution insured by such agency;
``(2) the location of each such automated teller machine
that is installed at a fixed site; and
``(3) the approximate geographic range or radius within
which mobile automated teller machines owned by any such
institution are deployed.''.
(c) Clerical Amendment.--The table of contents for chapter
51 of title 31, United States Code, is amended by inserting
after the item relating to section 5103 the following:
``5104. Retail businesses prohibited from refusing cash payments.''.
______